Updated on July 19, 2018
Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English language meaning as commonly interpreted in the United States.
3. REGISTRATION REQUIREMENTS
If you wish to use the Services made available on the Site, you must register and create an account with Maxw by clicking the “Sign Up” button on the “Sign Up” page and completing the account registration form (“Account”). In consideration of your use of the Services available on the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the Account registration form on the “Sign Up” page of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account(s) and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person, business or other entity barred from receiving the Services under the laws of any applicable jurisdiction.
The Site is not directed at nor targeted at children under thirteen (13) years of age. We do not use the Site to knowingly solicit Personal Information from or market to children under thirteen (13) years of age. If you are under thirteen (13) years of age, do not provide us with any Personal Information. If we learn that someone under thirteen (13) years of age has provided Personal Information to the Site, we will use reasonable efforts to remove such Information from our database(s) as soon as possible.
5. USER ACCOUNTS, PASSWORDS, AND SECURITY
6. PAYMENT OF FEES
Maxw offers Free and Paid Accounts for AthleteOne Services. The fees for the Services provided with these Account levels are posted on our Website at http://www.myathleteone.com/pricing/ and are subject to change without notice.
All new Accounts begin with a Free plan. If during or after the Free plan period you select a Paid plan, you agree to pay Maxw in advance the applicable subscription fees and any taxes and other fees that may accrue in relation to your use of the Services. Unless other arrangements are pre-approved by Maxw we will bill your Account in advance for all fees for the Services due each month or annually, and you hereby authorize Maxw to charge your Account for all such fees.
When you select a Paid plan, you will be required to provide accurate and complete billing information including your email address, legal name and billing account (either credit card or debit card) information. If such information is false or fraudulent, we reserve the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. Maxw is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Maxw. Maxw payments are non-refundable, but in certain circumstances credit may be applied to your future bills. Each charge will be considered valid unless disputed by you in writing within fifteen (15) days after the billing date. Billing for Paid plans begins immediately upon submitting accurate, complete, and valid billing information.
If your Paid plan subscription results in a payment failure at any time or for any reason (e.g., credit card declined, credit card expired, etc.), and the billing issue(s) remains unresolved, your Account subscription will be canceled.
If you select an annual plan, you will automatically be charged the entire annual subscription fee, payable in advance. Subsequent annual subscription fees will be billed on the same day each year as the day you registered (“Anniversary Date”). If you select a monthly plan, you will automatically be charged the entire monthly subscription fee for the current month, payable in advance. Subsequent months will be billed on the same number day of each month as the day you registered (“Anniversary Date”). All Paid plan subscriptions automatically renew unless you cancel your subscription. You may cancel your subscription at any time.
If you change your Paid annual or monthly plan subscription at any time during the term of that subscription, your new Paid plan subscription will take effect immediately and billing will be adjusted as appropriate.
All fees are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in United States dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Maxw also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. Maxw will notify you in advance of any changes with respect to fees it chooses to impose.
By registering for our Services, you agree that Maxw may identify you as an Maxw and AthleteOne customer on our websites, client lists, press releases, and/or other marketing materials. You also agree that Maxw may publish a brief description highlighting your use of our Services.
7. USER CONTENT
The Site may provide you with the option of making certain Content that you submit to the Site as private or public to other users of the Site. If, upon submission of Content to the Site, you initially elect to mark such Content as private or public, we will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or public, or later change such designation to allow such Content to be made generally available, we cannot and do not guarantee the privacy of such Content.
8. OWNERSHIP OF SITE AND CONTENT
The Site and Content we and others provide are protected under applicable intellectual property laws. In addition, the Content is a collective work under U.S. and international copyright laws and treaties, and while you retain ownership of your Content, we own the copyright in the selection, coordination, and arrangement of the Content on the Site.
We are committed to the ongoing protection and security of your Personal Information. To that end, we take all reasonable and appropriate precautions and actions to protect your Personal Information. We use at least industry standard security protocols to help guard against the loss, misuse or misappropriation of any and all Personal Information that is under our control.
When you submit Personal Information via this Site, your information is protected both online and offline. Wherever we collect Personal Information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect your Personal Information transmitted online, we also protect your Personal Information offline. Only employees or contractors who need the Personal Information to perform a specific job (for example, billing or customer service) are granted access to information. The computers and servers in which we store personally identifiable information are kept in a secure environment.
Although we take all of these precautions and measures in order to protect your Personal Information, we all know that no security system is perfect. We therefore cannot provide any guarantees that your Personal Information is or will be secure in every possible situation.
10. NON-COMMERCIAL USE
The Site and Services the Site provides is for your personal and non-commercial use and may not be used in connection with any commercial purposes, except as specifically approved in writing by Maxw or as provided on the Site. The Site is intended for managing your business information and communicating with your client, members and/or students. Unauthorized framing of or linking to any part of our Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles and user Content without notice and may result in termination of your Account(s). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.
11. THIRD PARTY CONTENT
Our Site contains Content of Maxw (ʺ Maxw Contentʺ) and Content of third party licensors to Maxw which is protected by copyright, trademark, patent, trade secret and other laws. In addition, we have developed processes, concepts, and online tools in order to help manage and grow client‐based businesses. This is also proprietary information owned by Maxw and is Maxw Content. By utilizing this Site, you acknowledge and agree that Maxw owns and retains all rights, title and interest in the Maxw Content. Maxw hereby grants to you a limited, revocable, non-transferable, non‐sub‐licensable license to reproduce and display a single copy of the Maxw Content and any third party Content located on or available through our Site or Services (excluding any software code therein) solely for your use in connection with viewing our Site and using the Services. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Site or Services.
12. THIRD PARTY SITES
Third party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with Maxw. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Maxw is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site. Your agree that Maxw shall not be liable for any loss or damages of any kind incurred by you as a result of any of your dealings with third party service providers or advertisers available on the Site.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
14. COPYRIGHT POLICY
Maxw reserves the right in its sole discretion to immediately suspend and/or terminate access to the Site and our Services by any user who is alleged to have infringed on the intellectual property rights of Maxw or of a third party, or otherwise violated any intellectual property laws or regulations. Maxw’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Maxw to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Maxw to locate the material; (d) information reasonably sufficient to permit Maxw to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide the signed (physically or electronically) notice to Maxw at the following address:
P.O. Box 296
Black Hawk, CO 80422
If you believe that any user Content that you submitted to the Site and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such user Content, you may send a counter-notice containing the following information to Maxw: (a) your physical or electronic signature; (b) identification of the user Content that has been removed or to which access has been disabled and the location at which the user Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the user Content was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Maxw, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Maxw’s sole discretion.
The trademarks and service marks used or displayed on the Site (“Trademarks”) are registered and unregistered trademarks of Maxw, its licensors or affiliates. Your access to the Site does not constitute a license to use any Trademarks and you may not use any Trademarks displayed on the Site without the prior express written permission of Maxw or the trademark owner.
16. YOUR FEEDBACK
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and Services we make available through the Site (collectively, “Feedback”). The Feedback you provide to us through the Site will be and remain the exclusive property of Maxw. Your submission of Feedback will constitute an assignment to Maxw of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send any Feedback to us that you do not wish to assign to us.
17. TERM AND TERMINATION
Termination of your Account(s) may include: (a) removal of access to all offerings within the Site; (b) deletion of your information, files and Content associated with or inside your Account(s), and (c) barring of further use of the Site. Additionally, you agree that all terminations for cause shall be made at Maxws sole discretion and that Maxw shall not be liable to you or any third party for any termination of your Account(s) or access to the Site.
18. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN ʺAS ISʺ AND ʺAS AVAILABLEʺ BASIS. MAXW AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE ʺMAXW PARTIESʺ) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SERVICES, THE SITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.
The Maxw Parties are not responsible for any health problems that may result from training programs, exercises, drills (alone or with a partner), products, or events you learn about on the Site or through the Services, or any action or inaction on your part as a result of information you have obtained from the Site or Services. If you engage in any exercise or related program(s) you receive through the Site or Services, you agree that you do so voluntarily at your own risk, and agree to release and discharge the Maxw Parties from any and all claims or causes of action, known or unknown, arising out of your use of the exercise or related program(s).
THE MAXW PARTIES MAKE NO WARRANTY: (a) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‐FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (c) REGARDING ANY RESULTS YOU MAY OR MAY NOT OBTAIN FROM THE USE OF THE SITE OR SERVICES; AND (d) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL(S) PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. THE MAX PARTIES DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL(S).
19. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE MAXW PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE SITE OR ANY WEBSITE(S) WITH WHICH THEY ARE LINKED, EVEN IF ANY OF THE MAXW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE MAXW PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE AMOUNT OF THE FEES PAID, IF ANY, BY YOU TO MAXW PARTIES FOR THE SERVICES IN THE ONE (1) MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY.
20. EXCLUSIONS AND LIMITATIONS
22. MODIFICATION AND DISCONTINUATION
Maxw reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Services or any portion thereof with or without notice. You agree that Maxw shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services or any portion thereof.
23. INDEPENDENT CONTRACTORS
24. ENTIRE AGREEMENT
25. CHOICE OF LAW AND FORUM
26. WAIVER AND SEVERABILITY OF TERMS
27. STATUTE OF LIMITATIONS
In the event of a request for credit or cancellation, Maxw may, at its sole discretion, provide credit for future services. Maxw will not provide cash refunds.
We may provide you with support for your Account(s) (“Support”) via the following methods, which may include, without limitation: an online self-help support center which includes a knowledge base, the ability to send a message to us, and the ability give feedback; the Site; and email. We will use commercially reasonable efforts to respond to Support requests within 48 hours after the request is placed. We do not guarantee any further level of Support and may change our Support practices at any time. For current information regarding Support, please visit the following site: http://www.myathleteone.com/support/.
30. CONTACTING US
P.O. Box 296
Black Hawk, CO 80422